center. the mountain lion took two tranquil easer shots he in the tail as people looked on. it was a safe ending for the cat and the public. >> in this case everything is going as best as we could hope for. i'm waiting to hear from the veterinarian staff to find out how the animal is doing. >> reporter: the lion was first sported on city sidewalks and parking lots on may avenue at about 7:00 this morning. >> we were able to move the mountain lion and corral him back into this area along main street and we actually started moving him along the levee way here when the mountain lion actually jumped over the fence in front of the patrol car and down now into the culvert area of the branciforte creek. >> somebody at lunch said there's a mountain lion in the aqueduct. >> reporter: the sighting of a big cat in this part of santa cruz caused crowds to gather on either side of the culvert. >> i don't think i have ever seen a mountain lion except in the zoo. and i felt sorry for it.

i wanted to give it some good energy. and just to see what happened. >> reporter: it was hold the big cat would simply walk the channel back into the hills. but after hours the decision was made to tranquilize it. once the drugs took effect, workers caged it up and moved it to a parking lot to be examined by vets. if healthy it will later be released in a safe location in the santa cruz mountains. in santa cruz, len ramirez, kpix 5. >> and we have more video of the mountain lion capture on our website, kpix.com. breaking news in san jose tonight over downtown san jose where crews are cleaning up after a vta train slammed into a car. this happened about an hour a ago. it's first and metro streets. the driver is being treated for injuries, no word on how seriously hurt the driver s but that smashed car is gone. no word on how it happened. vta running a bus bridge,

though, through that area tonight. last year's race was marred by murder. and in the wake of the boston bombings, keeping bay to breakers safe this sunday will be a bigger job than ever. sue kwon tells us extra eyes and disguise are some of the tactics police will be using to keep things under control. >> reporter: they are getting also a lot of help from other agencies around the bay area and the fbi. i'm at the concourse center where you can pick up tags if you haven't registered yet. with security so high, you need one to run the race. reporter: city crews removed concrete trash cans lining the bay to breakers race route. they will be replaced with transparent bins to make it more difficult for anyone to hide an explosive device. it's just one of several new security measures after the april 15 boston marathon attack. san francisco's police chief greg suhr says his department has been briefed by the boston police and this is what race- goers may notice sunday.

>> pretty much everybody in special operations will be working, whether there are tactical teams, motorcycles, horses. we'll have our bomb techs on scene to allow for rapid response to any package. >> reporter: look up. live security camera feeds will show images to a remote surveillance center. >> those pole cameras will be located at the start line, the finish line, and on the hey -- and on the hay street hill where the crowd figures to be the most thick. >> reporter: the person running next to you could be a police officer in running gear or even costumed. if you don't have a number, you will be asked to leave the course. and don't even think about bringing a bag bigger than this. >> about this big. that's the kind of backpack and plenty can fit in it. >> reporter: a runner tom sweeney plans to leave the bag at home. his costume weighs enough without it. >> my best time in bay to breakers is 53 minutes in normal clothes. in this, an hour and 15 minutes. >> reporter: you're not feeling

endangered? >> not at all. i think this is will be the safest year ever. >> with that, be safe, enjoy bay to breakers. for god sake's, if you see something, say something on sunday. >> reporter: organizers say they have 30,000 registrants so far and they think that number could double with people coming to watch and, of course, to jump in on the course without their tags and so the message to all be aware of your surroundings, have fun and try not to distract the police with public nakedness and drunkenness because they need to keep their eyes open. elizabeth? >> thank you, sue. we have posted a complete race guide on our website at kpix.com/baytobreakers. every year bay to breakers comes and goes and every year it brings crowds of drunken revelers and all the complaints that follow them. but last year brought something worse. a man's death. a homicide. it happened in a sun drenched golden gate park in front of countless people and despite a highly publicized search for

the killer, a year has passed and nothing has changed. >> we are actively seeking the public's help in making this case. >> reporter: june 11, 2012, a desperate plea from police. >> anything that anybody has that they think might be useful, we'll take it. >> reporter: 31-year-old steven martin a sharp santa clara entrepreneur joined some friends as a group of trolls for bay to breakers. moments after this picture was taken, he was hit with a single punch that would end his life. >> there was an argument over a cell phone. a dispute over a cell phone. >> reporter: the sucker punch knocked martin to the sidewalk. he hit his head and never regained consciousness. police quickly focused on this photo and asked the public to focus on the outsiders, one wearing a 49ers cap the other a pink tutu. >> any one of these people may have assaulted steven martin. they are also people of interest. >> reporter: to widen the dragnet, martin's friends launched a social media campaign.

much like the very successful effort to catch a man trashed a muni bus during the world series revelry. but that police briefing was june of last year and for all intents and purposes, that's the end of the story with no arrests and no indication that police even identified the people in the photograph. >> as we speak, investigators are still working on this case. >> reporter: san francisco police spokesman albee yeah spahr sa gave us an update on the case. >> what could be challenging is you have to prove that you have enough evidence to support a homicide charge if an id is already made. >> reporter: and that's the critical distinction. one source close to the investigation tells kpix 5 that the biggest hurdle in this case is not finding the persons of interest but finding a solid eyewitness to what happened in sharon meadow. that's because the victim's friends all had their backs turned when he was blindsided and that leaves police right where they started. >> we need to have someone come forward and either tell us --

point out who the suspect was that actually committed the assault on the victim and who witnessed them actually do it. >> we spoke by phone with steven's father and he said nothing will ever be the same. again, if you have any information that might lead to an arrest in the death of martin, contact san francisco police. 415-575-4444. remember, your tip can be anonymous. tonight it appears the italian racing team could be having second thoughts about competing in the america's cup race. the owner of the luna rosa team arrives in san francisco tonight. while his camp is keeping mum about its intentions, they told kpix 5 he is closing following developments surrounding the rages. the extra scrutiny comes after the death of a sailor on a training run last week. an announcement from the italian team could come as soon as tomorrow. meanwhile, america's cup officials say they are confident all entries will

compete in the 34th annual race. her neighbors called her granny. now 64-year-old benita todd is dead after bullets came tourich night. they may have been intended for her son. todd and her son were inside their house on 20th street just south of mcdonald's when she was hit several times. her son was also shot but wasn't seriously hurt. police say he's an auto mechanic and may have been the target of an angry customer. police have made no arrests so far. you have heard of the eat local movement? what about dress local? kpix 5's mike sugerman shows us how making a conscious decision about your threads could pay off. >> reporter: perhaps you're wearing clothes that were made in this factory in bangladesh, the one that collapsed killing over 1,000 people. perhaps you're wearing clothes that are made here at sfo apparel in brisbane, some big- name manufacturers contract here the same ones that

contract overseas, as well. but here, workers make 40 times as much upwards of $11 an hour. there are marked exits unlike in bangladesh, time cards, an herb garden. there are american laws in effect. >> we are hoping that other companies can manufacture locally. >> reporter: she manages production for a san francisco clothing outlet big with the yoga set. >> this is a top that you would wear to yoga and then after yoga if you're going to grab coffee, you just three this piece over it. >> reporter: it's all 100% organic, very nice clothes but pricy. that silk cover-up, $128 upscale but less than other upscale similar garments and there's a reason for that. >> so our price point is a little bit lower and we're able to do that bus we don't mark up our product as much as they do. did you get one? so -- >> reporter: that's a conscious decision she made because it has a conscience. using a local factory you can check on, talk with managers and its customers appreciate

that. >> i think there's enough responsibility going on for the workers over there and i think people need to pay more attention to that. >> reporter: but sfo apparel makes clothes for big names too. they can't discuss the brands. even if it costs three times to make them than overseas. there's a mix of domestic and foreign manufacturing which allows those brands to keep prices competitive. they could do more here but, of course, it would cost more. local factories like this to pay their workers well, yeah. you will have to pay more for clothes or companies will have to make less profit -- that's an entirely different conversation that americans may soon have to have. in brisbane, mike sugerman, kpix 5. several western clothing companies have already agreed to improve conditions in overseas factories. our whole populace will be in danger. >> coming up, people in a bay area city asked to decide higher taxes or no cops. >> plus, who doesn't love

bacon? all right. if you are a vegetarian, you don't. but why the sizzling smell of success is forcing a bay area restaurant to close. >> they can move next to me! a peek outside tonight. that was quick, wasn't it? showers this morning, sunshine coming back. find out why temperatures aren't climbing that much. chopper 5 is up in the air on this mostly sunny evening. you have your forecast through the weekend into next week coming up. >> so [ bleep ] up behind with a hatchet, smash, smash, sa-mash! >> coming up at 6:30, once hailed as a hero, tonight why this homeless hitchhiker turned into a wanted man. ,,,,,,,,,,,,

for our families... our neighbors... and our communities... america's beverage companies have created... a wide range of new choices. developing smaller portion sizes and more.. low and no-calorie beverages... adding clear calorie labels so you know... exactly what you're choosing... and in schools, replacing full-calorie soft drinks... with lower-calorie options. with more choices and fewer calories... america's beverage companies are delivering. heir police depart safety in one east bay city is it on the line. residents are being asked to pass a tax hike or lose their police department. kpix 5's da lin on the dilemma. reporter: hercules is facing a project deficit of $1.2 million for the next fiscal year.

the city manager says if voters don't pass a utility tax hike in june, the city would likely disband its police department. >> just imagine what this kind of message sends out to criminals. it's open house in hercules. >> reporter: hercules would instead contract with the contra costa county sheriff's department for police services. councilman dan romero worries response time would be slower and crime would spike in this bedroom community. >> catastrophic. our whole populace will be in danger. >> reporter: the city manager says measure a would bring in about $1 million, allowing hercules to keep its police force of 21 sworn officers. the current 6% tax on gas, electric, water and telephone bills would increase to 8%. hercules residents would also pay an 8% tax on cable tv. long-time resident charlie clark plans to vote no.

at 88 years old, he can't even retire. >> i'm still working simply because everything keeps going up in price. >> reporter: he says a tax hike would make it even more difficult for him to pay his bills. >> my salary has not gone up one cent since and that's been a long time. >> reporter: in hercules, i'm da lin, kpix 5. >> measure a only needs a simple majority to pass. the election is scheduled for june 4. the smell of bacon cooking is usually a crowd pleaser but in san francisco's upper haight neighborhood it's apparently too much of a good thing. don ford on the bacon backlash forcing a popular restaurant to pack up the pork. >> reporter: bacon bacon is a cafe restaurant that specializes in everything, well, bacon. jim angelus has been in business a little over a year. >> i like bacon.

i didn't realize everyone loved it. >> bacon lovers. who doesn't like bacon? >> reporter: jim hendrick and his wife are visiting from key west. and being a bit after bacon connoisseur, he drove across town from his hotel just to eat here. >> a little topping of brown sugar, it's sweet, it has crunchiness, it has the sweet and the savory together. >> reporter: it is busy. it is profitable. and now it is closing. tomorrow looks like the last day. >> i have a notice and letter saying tomorrow is my last day. >> reporter: the issue isn't about food. it's about permits and a couple of folks in the neighborhood who have complained, complained about the smell of bacon in the morning. jim needs a bigger filter now which requires a new planning permit and that is when the dominos started to fall. >> planning ait. neighbors filed a discrepancy against it. planning approved it.

it's confusing. >> reporter: he won't say which neighbors are gumming up the works but late this afternoon he received good news. owner jim says tomorrow's closure may not be permanent. an agreement was reached he says with neighbors late yesterday which could grease the way for a quick re-opening. jim just wants to get back to work. >> we are in san francisco. so let us go, cheese, bacon and tomato. >> reporter: in san francisco, don ford, kpix 5. >> tomorrow's closure will result in four people losing their jobs but if the owner can resolve the conflict with his neighbors, he could reopen within a month. >> i think there's a little fund in the newsroom going up to save the business. buy the new filter. come on. >> if you love bacon though you love -- if you don't love bacon, you don't love it. [ laughter ] >> those neighbors are going to put up a fight if they are not a big fan of the smell. let's talk about the weather. i could talk about bacon if you like. a peek outdoors tonight, we

have a lot of that marine layer. look at that just blanketing the ocean right behind san francisco. mainly clear skies and a decent afternoon to get outside after a wet at times morning. napa took the cake today. 75 degrees. concord and san jose 72. hayward 67. oakland 67. san francisco 61 degrees. radar is clear but we had some showers earlier. kpix 5 hi-def doppler radar dry right now. san jose -- i'll be honest, it wasn't much. a few drops on the windshield, that's it. it amounted to about one or two hundredths of an inch but any widespread rainfall in may is noteworthy and we did have it move through. so low pressure is still parked to our north, and we still have a pretty unstable air mass even though the rainfall has moved away. what that means for you, we will cloud up tonight. it will be cloudy tomorrow morning and even with sunshine tomorrow afternoon that rush of air moving in from the chilly pacific ocean, that will keep us chilly all afternoon, even inland you'll be lucky to make it into the low 70s tomorrow. then it's all about high pressure. high pressure moving in for

friday evening, all day saturday, all day sunday, all day monday. your weekend will be mainly sunny and mainly dry, and by sunday we will be about 5 to 10 degrees above average. so we're bottoming out temperature-wise today and tomorrow. highs tomorrow 60s livermore 69 degrees. san jose 68. the average is the mid-70s. even san francisco only 61 degrees. pacifica staying in the 50s. napa tomorrow cooler, 71. vallejo 69 degrees. and fairfield 72 degrees. extended forecast here comes the sunshine. what a nice pattern. we have had lots of stuff going on during the week but our weekends have been precious weather-wise. it will be the case this weekend too. sunshine saturday and sunday. sunday being the warmer choice. we'll stay warm on monday, then i see a cooling trend moving in out toward the middle of next week. all in all, we stay pleasant and frankly we need a little bit of the rain that cuts the fire danger and gets that pollen level down a bit and it happened on a thursday. so three for three. >> it works. thanks, paul. >> bacon four for four. i'm ken bastida in

oakland. the new allies in the war against graffiti, you won't believe who is showing up to clean this up. we'll have that coming up. >> plus, a perk for passengers. but there's a catch. how you can be the first to board a plane without paying anything extra. ,,,,,,

secondhand smoke affects everyone's health. it's not just irritating. it can cause heart disease and even death. speak up about secondhand smoke. your health and the health of your family depend on it.

down buildings and streets n oakland neighborhood. neigh say since they can't elimine this is what's plastered up and down buildings and streets in an oakland neighborhood. now, neighbors say since they can't eliminate the graffiti, they will incorporate it. mobile5 and ken bastida live in oakland with the unique clean- up effort under way. ken. >> reporter: yeah. how are you doing, elizabeth? we're here in the fruitvale district off east 12th street. this stuff is everywhere on this side of oakland. every business you go to, you're going to find it on the walls at least in portions of the neighborhood where they try to keep up on it but not having a whole lot of success. today city councilman noel gallo came out with several volunteers, members of the community, and they started painting over this stuff. he says there are a lot of

things going on in oakland, high crime, police department problems but you have to start somewhere. says this is where he is starting. >> we have to quit talking about it, complaining and get to the graffiti issue. i think oakland is a beautiful city and most of all we're training young people to recognize it and to help us out. so it may be five, it may be two or three but we are going to make a difference today and remove the graffiti on these walls. >> reporter: obviously oakland is not the only city that is dealing with graffiti. we showed you this story as well in san jose. just this week where several agencies got together and began painting overpasses with graffiti on them for several months. it's a problem we are seeing in a lot of parts of the bay area. here's the kicker. noel tells me that he just got off the phone today with members of the hell's angels motorcycle club. they are absolutely sick of the graffiti in the bay area and

they will take it upon themselves to begin painting sections of 880 where there is graffiti here in oakland and i don't think anybody better mess with what they are going to be fixing up because they are going to clean off the walls and they say that in the end, they will have groups come in and start painting murals on some of this and hopefully that will keep the area clean for at least a while. reporting live, ken bastida, kpix 5. >> allies come in all shapes and sizes. well, it pays to travel light especially ifer' going to fly on american airlines. today it announced it is now letting passengers who carry only a personal item that fits under the seat, no rolling bags here, they are going to let you board before nearly everybody else. american says it's an effort to speed up the boarding process and in turn improve on-time performance. but if you cannot live without your carry-on, the big one, don't want to pay a fee, the company says you can check your

bag at the gate for free. coming up in our next half hour, fresh fallout from the irs scandal. how there's a shake-up at the top again at the troubled agency. >> i heard screaming, crying, yelling. >> how the death of a bay area toddler and her grandmother were preceded by an unsettling confession. >> [ bleep ] ran up behind with a hatchet, smash, smash sa-mash! >> why this hitchhiker hero turned into the subject of a police manhunt. ,, ,,

today, you only pretended to hold the elevator. and you're not necessarily proud of that. and you let your competitive spirit get the best of you. and you're not necessarily proud of that, either. but tonight, you made new johnsonville grillers. thick and juicy gourmet burgers, with more flavor than ordinary burgers. and friends couldn't get enough. and you're definitely proud of that. new grillers, in cheddar & bacon and swiss & mushroom. only from johnsonville. female narrator: it's posturepedic versus beautyrest it's posturepedic versus beautyrest with up to $400 off. serta icomfort and tempur-pedic go head-to-head with three years' interest-free financing. mattress price wars are on now at sleep train. ♪ your ticket to a better night's sleep ♪

they have no idea what it was like before u-verse high speed internet. yeah, you couldn't just stream movies to a device like that. one time, i had to wait half a day to watch a movie. you watched movies?! i was lucky if i could watch a show. show?! man, i was happy to see a sneezing panda clip! trevor, have you eaten today? you sound a little grumpy. [ laughter ] [ male announcer ] connect all your wi-fi-enabled devices with u-verse high speed internet. rethink possible.

what i'm absolutely certain of is that the actions described in the report are unacceptable. >> now at 6:30 more into the shake-up of the irs in the wake of the agency scandal. that scandal involving the irs has claimed a second top official. the man who oversaw the staffers accused of targeting those conservative groups has resigned. cbs reporter danielle nottingham on new promises from the president to investigate. >> reporter: president obama is pledging to work with congress to get to the bottom of the irs scandal. >> i think we are going to be

able to figure out exactly what happened, who was involved, what went wrong. >> reporter: fielding questions in the rose garden with the turkish prime minister, the president insisted the white house had no knowledge the tax agency was targeting conservative political groups. >> the minute i found out about it, then my main focus is making sure we get the thing fixed. >> reporter: wednesday, he fired acting irs commissioner steven miller after seeing an inspector-general's report showing the agency used inappropriate criteria to single out groups with names like tea party, 912 and patriots that were applying for tax-exempt status. president obama has tapped one of his senior budget officers, daniel werfel, as the new acting commissioner of the irs. werfel will step into the top job temporarily as the justice department digs into whether any laws were broken at the irs and three congressional committees press ahead with their own investigations. >> if somebody made a decision to do this, i doubt that it was

some low level employees in the cincinnati field office. >> reporter: leaders of several tea party organizations joined republicans on capitol hill demanding those responsible be held accountable. >> we don't ask for special treatment. we only ask for decency and fairness. >> reporter: lawyers for some groups plan to file civil lawsuits against the irs for damages. danielle nottingham, cbs news, the white house. >> steven miller the former acting irs commissioner still scheduled to testify at a congressional hearing tomorrow. new details on a deadly triple stabbing in santa clara county. neighbors say a man who stabbed his niece, nephew and his own mother has had a troubled past. kpix 5's anne makovec on how they are remembering the victims. >> everybody knows he is not really stable, that he has some mental issues. >> reporter: that's what neighbors say about ruben ramirez, who was named a person of interest almost immediately in the stabbing of a 48-year-

old woman and her two grandchildren. neighbors say the victims were ramirez's mother, his 1-year- old nephew and his niece. only the 3-year-old niece survived. >> i heard screaming, crying, yelling, and i ran out to the front to see what was going on. >> reporter: this neighbor, who doesn't want to be identified, called 911. >> as i was calling them, another neighbor had already gone inside the house and had noticed the bodies were on the ground and telling me, you know, what had happen that they were all covered in blood. >> reporter: with that, a six- hour manhunt for ramirez began. officers got a tip he may be in san francisco. that's where he was taken into custody last night. another neighbor who also didn't want to be identified on camera said that ruben ramirez admitted to him that he heard voices. >> he has had all the occasions with the cops, domestic violence with the family and they have taken him away and i know he has been institutionalized a couple of times. >> reporter: he remembers him

pacing and smoking cigarettes. he also says he quotes scripture, a religious and intelligent man. neighbors have fond memories of the rest of the family, especially the 3-year-old girl whom they say lived here with her grandparents, mother and uncle ruben ramirez. >> just a joy, a blessing, you know? so to have this happen is just really mind-boggling to us, you know, here in the neighborhood. >> reporter: this neighbor had just been planning a yard sale with the woman who died. but today it's a makeshift memorial that's growing in her yard. >> who two know that the next day i wouldn't see her -- who would know that the next day i wouldn't see her again. >> our prayers and thoughts go out to the family to all of them. to have this happen right next door to you really hits home. >> reporter: in east san jose, anne makovec, kpix 5. >> ruben ramirez faces murder and attempted murder charges. the 3-year-old girl has been upgraded to stable condition tonight. the homeless hero known as kai the hatchet-wielding

hitchhiker is now a homicide suspect. his real name is caleb lawrence mcgillry. the surfer dude from fresno became an internet sensation in february after he saved innocent bystanders from an out- of-control driver. >> these two women trying to help him he runs up and grabs one of them, man. a guy that big can snap a woman's neck like a pencil stick. so i ran up with a hatchet smash, smash, smash. >> he was arrested hours ago in philadelphia for the murder of a new jersey lawyer. mcgillvary stayed with the victim over the weekend. no word on the motive but he alluded to an unwanted sexual encounter, posted on his facebook account. >> you have to be wealthy to eat healthy? silly. >> a new program could help thousands of bay area families eat better. how you can plant seeds and

reap benefits beyond the food. >> in the end, even though you may understand your rights, someone else may be stepping on your rights. >> do you need to show a photo id if you use a credit card? the store policies you do and don't have to foll -- to follow. >> first here's a look at the eastern span of the bay bridge. ,,,, look at them kids. [ sigh ] they have no idea what it was like before u-verse high speed internet. yeah, you couldn't just stream movies to a device like that. one time, i had to wait half a day to watch a movie.

you watched movies?! i was lucky if i could watch a show. show?! man, i was happy to see a sneezing panda clip! trevor, have you eaten today? you sound a little grumpy. [ laughter ] [ male announcer ] connect all your wi-fi-enabled devices with u-verse high speed internet. rethink possible. thanks, olivia. thank you. so you can make a payment from your cell to almost anyone's phone or email.

(speaking french) so you can express your gratitude... in the moment. chase quickpay. so you can. plant, eat, share -- that'se name of a new silicon valley-based initiative th's helping low- income families ma estyle. k-p- plant, eat, share. that's the name of a new silicon valley-based initiative that is helping low-income families maintain a healthy lifestyle. kpix 5 reporter mark sayre spoke with one resident who is already reaping the benefits of the program. [ speaking spanish ] >> reporter: laura reavis and her daughter are literally planting their future. they are among the very first families to take part in a program called plant, eat,

share. it's an effort to encourage neighborhood vegetable gardens and healthy eating in silicon valley. >> very happy. >> reporter: for families like hers low income, the vegetable gardens are free and can also help save on food costs. the program is spearheaded by a nonprofit called valley verde. >> how to take care of the garden. >> reporter: this is the executive director. >> and it becomes very self- sufficient for the family because if they grow two or three gardens a year, three plants a year, they will be able to save up to $700 a year. so the return on investment is very, very high. and then in terms of health and good diet, it's great. >> reporter: as laura's family looks forward to a future crop of onions, radishes, tomatoes, cucumbers and zucchini, civic leaders say programs like this are another way to help offset the downsides of the tech boom. >> but they really are left

with higher rents, much higher food prices, housing prices and prices for everything that is experienced here in the valley. and we have to find a way to help all boats stay afloat with these rising waters. >> reporter: for laura, she hopes not only that the garden provides quality low cost food for her family, but speaking through a translator, says it's also good for her children. [ speaking spanish ] >> because i teach my kids, my kids are learning how to plant and how to cultivate. and they are learning -- and they will learn to eat healthier. >> reporter: in san jose, mark sayre, kpix 5. >> for more information on how you can get involved in the program, log on to our website, kpix.com. click on "links and numbers." do you have to stop if a security alarm goes off when you shop. know your rights coming up. the store policies you do and do not have to follow. >> i encourage all of you to know your forecast, as well. you can do that by hanging out

for five or six minutes. we had some showers this morning, showers are gone now. we have a little bit of sunshine toward mount diablo. what's the next seven days have in store? i have that forecast coming up. i'm dense disturbance live at oracle. warriors win or go home. what they will have to do the extend the series coming up live from oracle. ,,,,,,,,,,,,,,,,

for our families... our neighbors... and our communities... america's beverage companies have created... a wide range of new choices. developing smaller portion sizes and more.. low and no-calorie beverages... adding clear calorie labels so you know... exactly what you're choosing... and in schools, replacing full-calorie soft drinks... with lower-calorie options. with more choices and fewer calories... america's beverage companies are delivering.

rights. tonight: our ken bastida tackles the mall. a what store sec lespeople can.. an the past couple of weeks weekp we have been telling you about your rights. tonight ken bastida tackles the mall and what store security guards and salespeople can and cannot make you do. >> reporter: union square, san francisco. with its big stores and boutiques, you can really shop till you drop. >> of course. >> yup. that's why we're here. >> reporter: no matter where you go, before you swipe, you should know a little something about your rights. joe rideout is with consumer action. >> we get a lot of consumer inquiries. >> reporter: for example, if you use a credit card when the merchant asks you for a photo id, do you have to show it? they can ask, but no, you don't have to comply.

if you are using visa or mastercard. >> if they kea condition of the sale, that's counter to their merchant agreement with visa or mastercard. >> reporter: you have to show identification under certain conditions like if you are buying booze, tobacco or certain drugs. or for any shady transactions that might be flagged during the authorization process. what about a minimum purchase? >> a little challenging because in this day and age i don't carry cash. >> i don't carry any cash. >> reporter: a minimum purchase with a credit card is legal. >> they cannot do this with debit cards but as long as it's a credit card it can't be more than $10 but it can be a $10 minimum. >> reporter: let's talk receipts. i just bought this item. do i really have to show this to get out of the store? nope. you don't. >> wasn't aware. >> you don't have to show any kind of receipt. and if you paid for the goods, they are now yours. >> reporter: the exception, membership stores like costco. when you sign up to be a member you agree to show a receipt

upon exit. >> it's their policy. >> reporter: finally, those darn security tags. >> so you finally get your item and you're backing out of the store. [ beep beep ] >> reporter: you set off the alarm because the guy didn't take the tag off. do you have to go back? >> you're not obligated to do anything else for the store. but then you have to wear the item with the tag on it. >> reporter: in this case, just stop, ask the store to remove the tag. it's worth the hassle. >> in the end, even though you may understand your rights, someone else may be stepping on your rights. as a practical matter, it may be best to pick your own battles. >> reporter: ken bastida, kpix 5. >> now, regarding the membership stores, you should really check the fine print. costco, for example, specifically requires you wear shoes and shirt at all times. and it can inspect any bag when you go in or out. >> there you go. always have a shirt on. always have your shoes on when you go to costco. >> and your card. because you're not getting in without one! >> hard core. >> you're not getting in this store.

you can't buy two year's worth of toilet paper. >> no, you can't. [ laughter ] >> you know they sell it there, too. you know it. >> if you wanted it. >> maybe you're making that run with the family tonight or just running out to grab a smoothie or a latte freeze. i have had one before. outside now mount vaca, we have partly sunny skies currently and it's a beautiful shot right there. it was a wet shot today. lawrence showed you active radar this morning. not the case right now. but we are cooling off efficiently. concord down as to 66. oakland 64, san francisco 58 degrees. this is video from lake tahoe. now, above 6,000 feet, this precipitation had a little bit of snow helping out the snowpack a bit but still well below normal. we are off to the driest start in california history when it comes to a calendar year. that radar is spinning not finding anything now. kpix 5 hi-def doppler radar is dry once again. friday, concord 51 degrees. in the city 51. pacifica 50. we will not be warm tomorrow

despite the fact low pressure is moving out. pretty stiff onshore flow so santa clara your microclimate stop for tonight partly sunny tomorrow into the even hitting 70, your high 68. you will make it to the mid- 70s with mainly sunny skies on saturday. here's the deal on the atmosphere above us. we have low pressure which the center of low pressure is way up off the coast of portland and astoria oregon. but it fired through that smaller area of low pressure today which is now over central nevada giving us showers. that's gone. rain is finished. but the onshore flow is not gone. so we get that cool influence from the pacific ocean which is running like 52, 53 degrees. we'll be chilly tomorrow, cloudy to start with some sunshine in the afternoon. it will be well below normal by 7 degrees. that will change over the weekend. transition day is saturday which will get us right around normal. by sunday we are going to be about five to seven degrees above normal. so if you like it cool wert sunshine, saturday is four. if you like it warmer, sunday will be the better day to get outside. right now, i don't see any more rain chances. that rain you had this morning may be the only rain we see for the entire month of may this year, just one of those

years pretty dry. san jose, tomorrow 68 degrees. looking at a high of 64 for redwood city. morning clouds afternoon sunshine for san mateo. 63. upper 50s at the coast including half moon bay. pleasant hill 71. benicia tomorrow upper 60s. san ramon and pleasanton right around 70. 66 for kentfield. novato 68. up toward wine country sonoma 69 degrees for a high tomorrow with afternoon sunshine. we get warmer sunny over the weekend, sunday mid- to upper 80s inland. upper 70s near the bay. we'll stay toasty if you are off on monday then cool down next week back down to normal as an onshore flow will increase toward next tuesday and wednesday. tonight is do or die for the golden state warriors. the kpix 5 mobile weather lab and roberta gonzales at oracle arena tonight. >> reporter: we are definitely at the hottest place in town. mobile weather rolled up to oracle reason. look at our weather master. numbers have been dropping big time. it's now 60 degrees. the winds have been fluctuating all the way up to

15 miles per hour. and that's when there's a chill in the air. we are definitely at the hottest place in town because this is the home of your golden state warriors. what happens if the warriors lose the season is over. if they win they play san antonio on sunday playing the 7th game of the western conference semifinals. [ yelling ] >> if they win there, they go to memphis on tuesday for the western conference finals. now, fans have been gathering. they have been tailgating. they have been enjoying today's weather. but meanwhile, they are unveiling a brand-new shirt today. one says fearless, fierce, proud and the other shirt says strong. so if you come out tonight. 19,000 people at oracle. you have heard a little of it already. [ yelling ] >> reporter: 19, 000 people will be getting a shirt.

if you are wondering what my shirt looks like, there it is. >> whoo! one more time, who is going to win tonight? >> warriors! >> reporter: i can't hear you! >> warriors! >> reporter: reporting for mobile weather from "roar- acle" arena, roberta gonzales, kpix 5, don't go away. we'll be right back.

dennis o'donnell live at oracle arena with sports. >> the equation is very simple for the golden stated warriors. they win tonight and force game 7 or summer vacation comes early. all the focus has been all the health of stephen curry but andrew bogut is playing through an ankle injury that severely limited him in game 5. but mark jackson always says the warriors are a no excuse basketball team. >> how are you feeling physically right now? >> pretty good. >> is your ankle bothering you? >> it's fine really. >> any effect on the play back and forth on your ankle? >> it's fine. ankle's fine. anyone have any other question about the ankle? it's fine.

>> in games 1 to 4 he was averaging 14 rebounds in 30 minutes. in game 5 he had only 6 rebounds in 20 minutes. and it's no coincidence that with bogut limited the spurs had the best shooting night of the series. >> carl landry, we saw them the way they can play for the first time. why will it be different tonight besides the obvious being the home court? >> we know it's a closeout game. we know that we're not trying to go home. we are not trying to win, and we definitely want to take this game to a game 7. so it's going to be difficult for those guys to come to our arena with our fans and we get a win. >> why is it that the warriors -- that is one of the changeable aspects. team that's so surprising. when its back is against the wall it really plays well. why? >> we just are fighters. we never say, you know, never and we never are going to die. >> didn't take a doctor to figure out that steph is hurt,

that andrew bogut is moving very slowly. from your perspective, what do those guys look like tonight? >> you know, they are going to have to get as ready as possible and go out there and give us what they got. everybody isn't the same. 82 regular season games. this is the sixth overall play- off -- 12th game. so you know, it's a lot of games. we have to worry about not about injuries and just keep playing. >> see you san antonio on sunday. >> on the flip side the spurs have every reason to be confident heading into tonight's game. they have won nine of the last 10 games when they had a chance to close out a series. but the spurs are not making plans for round 2 just yet. >> when you're too confident, [ indiscernible ] always the fear that the worry of having to face a team that is really good

at home that can really beat you and having that [ indiscernible ] the one that paralyzes you. raffi torres is suspended for the rest of the second round after his hit on jarrett stoll in game one. not the first time torres has been in trouble with the league. he was suspended 25 games last post-season for a hit on marian hossa. the san jose state softball team swept in mexico last weekend to win the wca tournament for the first time in school history. the spartans will face arizona state tomorrow in the first ncaa tournament appearance in 21 years. >> in '92 i was one. [ laughter ] >> i was one years old. i think we can go far. i think we can get to oklahoma and we're going to shock a lot of people. we are looked at as the underdog and not many people know who we are so that's the benefit we have going into the tournament. >> it's been a long time coming on the hopefully this takes the

program to a higher level that we can maintain for some time. i know recruiting -- >> great stuff for san jose state. now, there will be plenty of screaming tonight at oracle but nothing like what we saw in the european arm-wrestling championship. [ screaming ] that is a game face! she makes tennis star maria sharapova sound like a church mouse! [ laughter ] [ screaming ] >> that's how it ended. that is it. the mayor from sacramento is here, kevin johnson. the kings are staying in sacramento. the commissioner of the nba, david stern, is here. and we will be here all night including the 11:00. the warriors have to win to move on. allen, elizabeth, back to you. >> let's hope they play on sunday. >> thank you. and there was one thing he

didn't bring up about the arm- wrestling screamer. >> she lost. >> she lost. >> she lost. [ laughter ] >> she lost. >> that's intensity. [ screaming ] >> she is putting 110% into that. >> pop a vessel. >> the other gal is screaming, too. >> is that helping them push harder though? more of a mental thing? >> waste of flooring. >> certainly scared me, i'll be honest. >> intimidation. >> i'm intimidated and we're not even in europe. [ laughter ] >> let's forget that. can we go back to bacon? we are going out to dinner. >> arm wrestle, bacon. >> all over the map here with this show. >> for news throughout the evening, the latest news and weather are always on our website, kpix.com. see you at 11:00. captions by: caption colorado comments@captioncolorado.com ,, female narrator: the mattress price wars are on

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joey fatone: this is joey fatone. it's time to play "family feud." give it up for steve harvey. [captioning made possible by fremantle media] steve: hey, folks, welcome to the show. thank y'all for coming. how's everybody doing? thank you very much, folks. thank you all for coming. hey, welcome to "family feud." i'm your man steve harvey, and we got a good one for you today. boy, we got a family returning for their fifth and final day with a total 22,510 bucks, from atlanta, georgia, it's the mcnulty family. and another family from atlanta, georgia, it's the adams family. let's get it on. give me tommy. give me jeremy. ["family feud" theme plays] guys, here we go, top 7 answers are on the board. when a husband